How to Sell Your Property During a Divorce

Divorce is one of the most stressful experiences people go through and not a decision anyone takes lightly. The many considerations to keep in mind when going through a divorce will include how to deal with the family home and whether it must be sold. Not all divorcing couples sell their shared property, but it is a common outcome. Therefore, it is essential to consider your options and ensure you get appropriate advice before making any big decisions.

Specialist family law solicitors are the first port of call for couples looking to divorce. They can provide guidance and information regarding the proper steps for your divorce and may be able to advise on the options for the family home.

calculating property sale during divorce concept - model of a house on a calculator

Do you have to sell your home during divorce?

Not all couples sell their property during divorce. There are other options that some couples consider. In some settlements, one partner remains in the home rather than selling. You could come to a suitable agreement as to the future sale of the property. Often couples choose to wait until the mortgage is paid off or the children reach adulthood. Other couples decide to give their property to their children once they are older. Depending on individual circumstances, you may even find one partner can buy the other out of the property.

In many situations, though, sale is the best option. It allows an entirely fresh start and means you can begin again in your own new homes.

Is it better to sell property before or after divorce?

When you sell your property will be dependent on your individual circumstances, and there are advantages and disadvantages of both selling before or after your divorce.

Couples who decide to sell their property before a divorce can come to a separate arrangement regarding splitting the proceeds. This allows for a completely clean break, but this is not always possible dependent on the level of communication between the former partners.

Choosing to sell after divorce can be a little more complex. It is sometimes necessary if relations between the former partners are not the most amicable. Some people prefer to wait until the divorce is finalised to keep things as stable for their children as possible. The individual circumstances of each partner, such as where they are currently living, can also influence this.

Considerations before deciding how you want to sell your property

There are different ways to sell a property. You do not necessarily need to find an estate agent and rely upon their services. Companies such as Serene Homes make selling your property quick and stress-free, something most divorcing couples will appreciate. The house selling process can be as stressful as the divorce itself, but we fully remove this stress. With Serene Homes, you receive a cash offer, and your property sale can be complete in as little as seven days. Online and estate agent sales can take as long as 12 months due to other elements such as advertising, relying on chains not breaking down and conveyancing requirements. When you’re already dealing with the stress of divorce, a quick and fair offer to sell your shared property could be the perfect solution.

Can I be forced to sell my house in a divorce?

Many people worry about this as they do not want to leave their homes. As long as both names are on the deeds of the property, you cannot be forced to sell. Both named partners need to agree for the property to be sold. Courts sometimes force sales as part of a divorce settlement, making it even more important to decide what will happen to your shared property rather than allowing the courts to decide on your behalf.

Children also play a vital role in the sale of shared property. For example, if one partner is living in the home with their children, the other partner would need a very good reason to sell, such as the inability to live and pay their own bills. Of course, this does not guarantee the property will be sold, but it can happen.

The right decision for your divorce will depend on many different factors, including your children and financial position. While you and your partner may not be on the best terms, it is important to be as amicable as possible to ensure shared property is dealt with in a fair way you can agree with.

Speak to our Friendly and Experienced Team

We understand that selling your property whilst going through a divorce can be a stressful experience. Serene Homes can sell your property in as little as seven days and take the stress out of the house selling process. Get in touch with our friendly and experienced team today.